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IWP v. STATE BD. OF LAND COM'RS

No. 24367.

982 P.2d 367 (1999)

133 Idaho 64

IDAHO WATERSHEDS PROJECT, an Idaho non-profit organization, Petitioner-Appellant, v. STATE BOARD OF LAND COMMISSIONERS, comprised of Phil Batt, Governor, Pete T. Cenarrusa, Secretary of State, Alan G. Lance, Attorney General, J.D. Williams, State Controller, and Anne C. Fox, Superintendent of Public Instruction, all in their official capacities; and Idaho Department Of Lands, an agency of the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1998 Term.

April 2, 1999.

Attorney(s) appearing for the Case

Laurence J. (Laird) Lucas, Boise, for appellant.

Hon. Alan G. Lance, Attorney General; Stephanie A. Balzarini, Deputy Attorney General, Boise, for respondents. Stephanie A. Balzarini argued.

JOHNSON, Justice Pro Tem

This is a state endowment public land lease case. We conclude that section 58-310B of the Idaho Code (I.C.) violates Article IX, § 8 of the Idaho Constitution and remand the case to the State Board of Land Commissioners (the Board) to auction off and lease the land in question pursuant to I.C. § 58-310.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

In 1996, the Idaho...

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